Free North Dakota Quitclaim Deed Form

Using a Quitclaim Deed in North Dakota

What is a quitclaim deed?

Also called a non-warranty deed or quitclaim, the quitclaim deed refers to the legally binding instrument used to transfer rights in real property from one person to another. The transferor is also called the grantor while the recipient of the rights is the grantee. Grantors and the grants are either individuals or corporations. The conveyance of property rights using the quitclaim deed is fast and efficient which is why this deed is the most popular real estate deed, and also why it’s mistakenly called a quick claim deed.

If you’ve used or heard about the quitclaim deed in North Dakota, you know that this document is common in circles of people who know each other like families and close associates. Ever wondered why? Well, this deed does not offer any warranties on the transferred property title, the property’s title being the rights to property ownership and the owner’s ability to sell or transfer their interests in the property. So, if you are a grantee of residential real estate – through a monetary purchase or its gifted to you, the use of the quitclaim in the conveyance of property rights doesn’t protect or give you any legal recourse against the grantor should the title come with title issues. We, therefore, strongly advice against the use of the deed among parties that do not know each other well.

Therefore, this deed is different from the warranty deeds (general and special) which offer complete or limited warranties to a title. The general warranty deed offers a complete guarantee of the title as being non-defective while reiterating the fact that the grantor is the actual owner of the property’s title. On the other hand, the special warranty deed notes that the grantor is giving their guarantee of title for the time they’ve owned the property, only.

  • When to use the quitclaim deed?

    • Transferring property between members of a family: this is the most common use of quitclaims. You could use it to transfer real property to your children, siblings or other members of the family.

    • Transferring legal real property ownership rights into a corporation or an LLC. Such transfer happens in closely related entities.

    • Adding or removing the details of your spouse from a title: a common case with marring or divorcing couples. It should be noted that when quitclaiming your interests in property to your ex-spouse during or after a divorce, the deed doesn’t clear you from paying the mortgage debt if any.

    • Clearing title clouds: in most cases, the insurance company for your title might ask you to execute a new quitclaim to clear a defect on a title. Lenders also ask for the preparation of a quitclaim before they give a loan, to ensure that the person who shouldn’t be named in a deed is not. The person whose name is removed from the deed has to quitclaim their interests.

    • Transferring rights to the real property into a trust or a living trust as part of estate planning. Note, however, that you cannot use the quitclaim to transfer property rights from a trust.

    • Recognizing and effectuating name change for a property owner.

Legal Requirements for a valid quitclaim

For the validity of your quitclaim deed in North Dakota, you might want first to download an online template. Our state-specific quitclaim deed form online comes as a printable PDF version, and it will guide you on everything you need to enter in the deed. It’s also the format acceptable by the county recording office.

  • The basic requirements of a valid quitclaim form include

    • This deed takes effect upon its delivery to the grantee from the grantor.

    • It must have the postal/ mailing address of the grantee

    • The grantor must sign it and acknowledged by the notary public.

    • The deed must have the details of the consideration paid for the conveyance of property rights

    • It must have a legal and full description of the property under conveyance.

    • When presenting the deed for recordation, it must be accompanied by a Certification of the Real Estate Value.

The state requires that every real estate conveyance is regarded as a conclusive move against a grantor, as well as anyone else making claims under the grantor. The only exception to this is when the claim is brought forward by a good faith purchase or even an encumbrancer who’s acquired the lien or title for a valuable consideration. Therefore, you might want to record the deed with the county offices dealing with public records, where the property is located. Once a real property transfer is recorded in the county’s public records office, the state provides notice of the change in ownership to the public.

Unrecorded quitclaims are void against all other purchasers who make the purchase of the property in good faith. Such unrecorded quitclaims are valid only between the parties named in the deed and the persons who receive a notice of the ownership change.

Also on who or what takes precedence to quitclaims are wills. When a will names someone the heir to property conveyed using a quitclaim, the terms of the will take precedence to the rights of the grantee.

Would you like a quitclaim to facilitate the transfer of rental real estate in Grand Forks, Bismarck, Fargo, Minot, Williston, Dickinson, Mandan or any other city in North Dakota? Download our free quitclaim deed form here to get started today.

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